1 MuLTNoMAH LAwYER Lawyers associated for justice, service, professionalism, education and leadership for our members and our community. MULTNOMAH BAR ASSOCIATION 620 SW FIFTH AVE., SUITE 1220 PORTLAND, OREGON From the President By Kelly Hagan, Schwabe Williamson & Wyatt and MBA President. the Multnomah Bar Association offers its services in supplying speakers before audiences in the city of Portland, for the purpose of calling to the attention of the people of the needs of the government, whatever those needs may be. * * * * * Motion made and carried that the President appoint a committee to devise ways and means whereby the Bar can be of service in the harvesting of Oregon crops. at the matter be taken up with the State Bar Association and that the Courts be requested to extend the vacation period over the harvest period thereby giving the judges as well as the members of the bar the opportunity to help in the harvest. Portland, Oregon; March 26, 1918 is is my last column as president of the MBA, and I write it with some regret. I have enjoyed writing this column. As I have said to several members who have asked whether I like doing it, writing for an audience of 4,000 lawyers does focus the mind. at alone is its own reward. Perhaps like you, the birth of my children marked the end of what I think of as my BIG QUESTIONS period. Sometime therea er I more or less consciously decided to settle for little answers that made life work day to day. ese columns, however, have afforded me the opportunity to reflect on policy issues with a seriousness that I have not indulged in years. It has been a revelation, really, and not a little disappointing, to realize how neglectful of public life I have been. I owe you, kind reader, many thanks: you have brought me back from the brink of the Silent Majority. I also have enjoyed the great privilege and good luck of leading the MBA into its centennial year. Delving into the history of the MBA and using excerpts from the association s minutes began as a literary gimmick to give these columns some thematic continuity, and perhaps a bit of gravitas. e actual result has been more profound: a personal sense of connection to the bar s past, something quite frankly that I lacked at the beginning of my term. at connection will enrich my remaining years of practice in a way I never anticipated. Which brings me to today s excerpt. e MBA is still in the business of calling to the attention of the people of [sic] the needs of the government. is is especially true of the needs of our judicial branch, which have been so neglected in our time. I commend to you the efforts of Chief Justice Paul DeMuniz and others to promote the independence and sustained excellence of Oregon s judiciary. e Chief Justice is campaigning for better judicial salaries; Oregon now ranks 49 th among the States. If the PRSRT STD U.S. POSTAGE PAID PORTLAND, OR PERMIT NO idea of trailing Mississippi and West Virginia is not compelling, then envision a future in which seasoned judicial candidates will come almost entirely from the public sector. Not that criminal defense or prosecution, or other public practices, are not good backgrounds for the bench, but judicial experience in complex civil litigation is critical to our courts, and it is in increasingly short supply. Businesses, and the attorneys who represent them, ought to be alarmed by this prospect. Justice DeMuniz also is campaigning for new court facilities. Multnomah County is the MBA s special concern, of course, but we are by no means the only county with a geriatric courthouse. County courthouses all around Oregon are approaching their own centennials, and seem to be replaced only when they collapse. It all comes down to this: respect for the place of an independent judiciary in our system of government. e Judicial Department is not the same as the Fish and Wildlife Commission, however important that may be, and its budget should not be treated the same by our legislature and governor. But it is, and that has got to change. In March 1918, the Multnomah County courthouse was new, our judges were revered, and the bar s concerns extended to helping bring in the spring harvest. Just think of it. A different, more agrarian, past certainly, but the enduring lesson is inescapable: the profession must find ways to renew its connection to our fellow citizens, for in that connection reposes the good will necessary to a constituency for judicial independence. We are making that connection with CourtCare, support of pro bono representation, our public outreach campaign, the Multnomah Bar Foundation, and with the myriad good works of the YLS and our membership at large. With your continued help and energetic leadership from the bench and bar, we surely will reap the good that we sow. Please accept one last time my thanks for your support of the MBA, and the opportunity to serve as its president. A Century of Service MBA 100 th Anniversary Celebration Premier Event Sponsor e Naegeli Reporting Corporation Producer of the MBA 100 th Anniversary Video Major Event Sponsors ($2,500) Pacific Legal Washington Trust Bank Event Sponsors ($1,000) DJC Newspaper & Commerce Magazine Gevurtz Menashe Larson & Howe HMH Crisis Communications LexisNexis Nationwide Process Service, Inc. Northwest Employee Benefits, Inc. Preston Gates & Ellis Professional Liability Fund Excess Program Tsongas Litigation Consulting Contributors ($500) Oregon State Bar Providence Health Care June 2006 Volume 52, Number 6 MBACLE To register for a CLE, please see the inserts in this issue or go to June Tuesday, June 6 Serving on the Board of a Nonprofit Organization Protecting Yourself and Your Client Elizabeth Grant Scott Howard Jeffrey C. Thede Wednesday, June 7 War Stories: Representing Enemy Combatants Lessons from Guantanamo Bay for Every Practitioner Steve Wax Tom Johnson Monday, June 12 Mandatory Arbitration Training Hon. Edward J. Jones Bill Gibson Eric Neiman Nancie Potter Wednesday, June 14 Charitable Giving and the Sale of the Closely Held Business A Case Study Greg Harris Jason R. Orme Joseph Wetzel Thursday, June 29 Understanding Psychological Evaluations Dr. Lorah Sebastian Dr. Edward Vien In This Issue Announcements... p. 4 Ethics Focus... p. 4 Around the Bar... p. 7 Tips From the Bench... p. 8 News From the Courthouse.. p. 8 Historic Pullout Section MBA 100th Celebration... p. 9 YLS... p. 10 Child Centered Solutions... p. 11 Classifieds... p. 14 Multnomah CourtCare... p. 16 MULTNOMAH BAR ASSOCIATION 620 SW 5TH AVE SUITE 1220 PORTLAND, OREGON FAX
2 M u L T N o M A H L A W Y E R BOARD OF DIRECTORS MBA Board of Directors President Kelly T. Hagan President-Elect Peter H. Glade Secretary Thomas W. Brown Treasurer Nancie K. Potter Past President Sylvia E. Stevens Directors Eric Waxler YLS President Lori E. Deveny ABA Delegate Simeon D. Rapoport Helen T. Smith Agnes Sowle Diana I. Stuart Michael H. Bloom Michael Dwyer David A. Ernst Christine M. Meadows Executive Director Judy A.C. Edwards Director, Member Services Guy Walden Director, Events and Programs Kathy Maloney Administrator, Member Services and Events Noëlle Saint-Cyr Administrator, Accounting and Office Renee Max Maxwell Executive Assistant Carol Hawkins THE MULTNOMAH LAWYER is published 11 times per year by the Multnomah Bar Association, 620 SW Fifth Ave. Ste. 1220, Portland, OR An annual subscription is included in member dues or may be purchased for $20. Letters, award and news items, and announcements are welcome. Articles by members are accepted. All submissions may be edited for length, clarity and style, are published on a space available basis, and at the editor s discretion. Views expressed in articles represent the authors opinion, not necessarily the MBA s. The publication does not purport to offer legal advice. Advertising is accepted; advertisers(ments) are not necessarily endorsed by the MBA. The editor reserves the right to reject any advertisement. DEADLINE for copy: The 10th of the month* DEADLINE for ads: The 12th of the month* *or the preceding Friday, if on a weekend. NEWSLETTER STAFF CONTACTS Editor: Judy Edwards Display Advertisment: Renee Max Maxwell Copy and Classified Advertisement: Carol Hawkins Design: Cyrano Marketing Solutions LICENSED PROFESSIONAL ENGINEERS CERTIFIED TECHNICIANS CALIBRATED EQUIPMENT Engineering the Northwest since 1970 ENGINEERING FAILURE ANALYSIS FORENSICS TESTING INSPECTION VGO Inc. Engineering (503) Copyright Multnomah Bar Association
3 J U N E NEW ON THE SHELF By Jacque Jurkins, Multnomah Law Librarian. FEDERAL COURT PRACTICE HANDBOOK, US District Court for the District of Oregon, rev. ed, Published by the Federal Bar Association, Oregon Chapter, (Ref. KF8840 F36f 2005) OREGON S LEGAL GUIDE FOR GRANDPARENTS AND OTHER RELATIVES RAISING CHILDREN. Janay Haas, contributing editor. Published by the AARP Oregon Chapter, (Ref. KF547 O7 O76) ACCOUNTING DESK BOOK: e accountant s everyday instant answer book, 12th ed. edited by Tom M. Blank, Lois Ruffner Plank and Bryan R. Plank. Published by Aspen Publications, (KF320 A2 A24) BUSINESS TORTS AND UNFAIR COMPETITION HANDBOOK, 2d ed. Published by the ABA Section of Antitrust Law, (KF3195 B ) CONTRACTOR S STATE LICENSE BONDS DESK REFERENCE edited by David D. Lodgen, Catherine Squillance and Mark D. Herbert. Published by the ABA. Tort Trial and Insurance Practice. Fidelity and Surety Law Committee, (KF1950 Z9 C65) ENERGY POLICY ACT OF 2005: Summary and analysis of the act s major provisions edited by Kevin J. McIntyre, Martin V. Kirkwood, and Jason F. Leif. Published by LexisNexis, (KF2120 E56) MOTION PRACTICE AND PERSUASION by L. Ronald Jorgensen. Published by the ABA Section of Litigation, (KF8875 J67) THE CRIMINAL LAWYER S GUIDE TO IMMIGRATION LAW: Questions and answers, 2d ed. by Robert James McWhirter. Published by the ABA Criminal Justice Section, (KF4819 M ) ADVANCED FEDERAL PRACTICE AND PROCEDURE. Course materials from the February 17, 2006 Oregon Law Institute program in Portland. (*KF8840 O7 O73) ESSENTIAL ISSUES AND UPDATE FOR THE OREGON BUSINESS LAWYER. Course materials from the February 24, 2006 program in Portland sponsored by the Oregon Law Institute and the 2006 Lewis & Clark Business Law Institute. (*KF889 O7 O ) PROBATE PRIMER. Course materials from the March 3, 2006 Oregon Law Institute program in Portland. (*KF765 O7 O73pp) THE LATEST IN PROBATE PRACTICE. Course materials from the March 3, 2006 Oregon Law Institute program in Portland. (*KF765 O7 O73) LITIGATING AUTO ACCIDENT CASES. Course materials from the March 17, 2006 Oregon Law Institute program in Portland. (*KF1290 A8 O7 O73 l) CALENDAR For a complete MBA calendar, please visit June 3 Saturday, YLS Board retreat 6 Tuesday, MBA CLE Serving on a Nonprofit Board See insert or register at 7 Wednesday, MBA CLE Lessons from Guantanamo Bay See insert or register at 9 Friday, July/August Multnomah Lawyer deadline 12 Monday, MBA CLE Mandatory Arbitration Training See insert or register at 13 Tuesday, MBA Golf Tournament at Riverside Country Club See insert or register at 14 Wednesday, MBA CLE Charitable Giving and the Sale of the Closely Held Business See insert or register at Thursday-Saturday, OCDLA Conference at Inn of the Seventh Mountain Visit for details Friday-Saturday, MBA Board retreat 24 Saturday, St. Andrew Legal Clinic s Race for Justice 28 Wednesday, Multnomah Bar Foundation Board meeting 29 Thursday, MBA CLE Understanding Psychological Evaluations See insert or register at July 3-4 Monday-Tuesday, Independence Day MBA closed 19 Wednesday MBA Golf Tournament at OGA Golf Course Register at 26 Wednesday, Multnomah Bar Foundation Board meeting August 10 Thursday, September Multnomah Lawyer deadline 3
4 M u L T N o M A H L A W Y E R Ethics Focus By Mark J. Fucile, Fucile & Reising. ANNOUNCEMENTS Handle with Care: Contacting the Other Side s Experts During the course of a case, we may be tempted to contact the other side s testifying experts. Depending on the forum, you may be able to contact the expert. But again depending on the forum, you may not be able to get any substantive information and in many instances you may be putting yourself and your case at risk. And, in all forums, you will generally not be able to contact the other side s consulting experts because they are considered agents of the other side s lawyer and are usually off limits under the attorney-client privilege and the work product rule. e OSB has three very useful ethics opinions on contacting opposing experts, with one each for civil, workers compensation and criminal litigation. With each, the ethics analysis turns largely on the rules of the forum because RPC 3.4(c) enjoins lawyers from knowingly violating the rules of the tribunal involved. Where contact is prohibited, the limitation applies to both lawyers and the law firm staff because RPC 8.4(a)(1) prohibits lawyers from violating the rules through others. All three ethics opinions are available on the OSB s Web site at Civil Litigation OSB Formal Ethics Opinion addresses civil litigation. It draws an important initial distinction between federal and state courts. In the former, where the vehicles for expert discovery are specified in FRCP 26(b)(4), lawyers in federal civil litigation are limited to the avenues provided in the rules - interrogatories and depositions. In Oregon state court, by contrast, there is no expert discovery , therefore, concludes that contact with opposing experts is not prohibited in state court. But, it also counsels that this is potentially a dangerous area for lawyers: attempting to discover information that is privileged, for example, may open the lawyer to both bar discipline and court sanctions such as disqualification or exclusion of the evidence. Moreover, because privilege is not waived with the filing of a complaint under OEC 511 and State ex rel Grimm v. Ashmanskas, 298 Or 206, 690 P2d 1063 (1984), privilege presents a significant practical barrier to obtaining any substantive information. Workers Compensation OSB Formal Ethics Opinion covers workers compensation litigation. Given the nature of that practice, focuses on state workers compensation proceedings finds that no court or administrative rule prohibits contact with an opposing expert in workers compensation proceeding also notes that under applicable workers compensation rules and Booth v. Tektronix, 312 Or 463, 823 P2d 402 (1991), the doctor-patient privilege does not apply in workers compensation proceedings. erefore, workers compensation counsel can discuss the substance of an opposing medical expert s conclusions with the witness. Even in this context, however, cautions that other limitations, such as the lawyer work product rule, preclude discovery of the expert s discussions with counsel. Criminal Litigation OSB Formal Ethics Opinion covers expert contact in criminal cases notes that both state and federal criminal discovery rules promote access to witnesses and, therefore, contacting the other side s testifying experts is permitted. At the same time, counsels that the contact cannot be used to invade the other side s privilege outside the scope of anticipated testimony (see OEC 511 and State v. Langley, 331 Or 430, 16 P3d 489 (2000), for a discussion of privilege waiver in criminal cases). Similarly, a lawyer cannot use the contact to dissuade the expert from testifying, as that would constitute conduct prejudicial to the administration of justice under RPC 8.4(a)(4). Summing Up Although not included in these three ethics opinions, the Oregon Supreme Court addressed the related question of contacting former expert witnesses in State v. Riddle, 330 Or 471, 8 P3d 980 (2000), concluding that contact was generally permitted but could not be used to invade the other side s privilege or work product. In any setting aside from workers comp, contacting the other side s experts usually presents more risks than potential returns. Even when it is nominally permitted, other practical barriers, principally privilege, limit the potential return. And, if the other side claims you ve improperly invaded privilege, you may find yourself on the wrong end of regulatory or judicial sanctions. Mark Fucile of Fucile & Reising handles professional responsibility, regulatory and attorney-client privilege matters and law firm related litigation for lawyers. His telephone and are and Noon Time Rides MBA noon time bike rides - short fast rides with hills. Meet at SW Yamhill and Broadway between noon and 12:10 p.m. on Mondays and ursdays. Questions? Contact Ray omas, , or meet at the start. Portland s Columbia Symphony Orchestra e orchestra celebrates its 25th Anniversary Season in and seeks an energetic and passionate board member to assist with its Planned Giving Strategy. e board currently consists of 13 members who work with two staff people to produce a 10-concert season. Monthly meetings are held downtown Portland. For more info please call Betsy Hatton, Executive Director at or visit Ride Connection e organization seeks a member for a two-year term on its Board of Directors. Ride Connection s Board of Directors meets monthly for two-hour sessions. Board members participate in the Annual Fundraising Luncheon in December, are encouraged to serve on one Ride Connection committee and support the work of transportation for older adults and people with disabilities in the Portland metropolitan area. Ride Connection began its work in 1988, and currently provides transportation through 31 community providers. Service areas include Multnomah, Washington, Clackamas and Clark counties. Paid and volunteer drivers are utilized. A new program called RideWise, where older adults and people with disabilities learn to ride public transportation, is offered. Visit to learn more. Contact Susan Mental Health Counseling For lawyers, clients of lawyers, police officers, and others affected by the legal system Jeffrey L. Rogers, J.D., M.A Tingley, Community Outreach Director at or Queens Bench On June 13, Gail Nicholson will be leading a facilitated luncheon on integrating work and personal life. Nicholson has a Master s degree in Counseling Psychology and over 20 years experience as a personal and career counselor. She is a past president of the Oregon Career Development Association and currently maintains a private practice in downtown Portland. Luncheons are the second Tuesday of the month from 11:45 a.m. to 1 p.m. at Jax Restaurant. e cost is $12 in cash or checks. Seating is limited. For more information, contact Barbara Smythe at , or Nicole DeFever at Mental Health Counseling For lawyers, clients of lawyers, police officers, and others affected by the legal system Jeffrey L. Rogers, J.D., M.A
5 J U N E
6 M u L T N o M A H L A W Y E R WILLIAM F. SCHULTE Projecting Excellence Mediation Settlement Conferences Reference Judge Bill Schulte is now focusing his practice on mediation, reference judging and conducting settlement conferences in family law matters. Bill has been an active litigator since He has been recognized as one of the Best Lawyers in America since the first edition in Bill is a member of the American Academy of Matrimonial Lawyers and a frequent contributor to legal education programs. For scheduling or references: (503) FAX: (503)
7 J U N E AROUND THE BAR OREGON STATE BAR Sylvia Stevens, past MBA President, is the new General Counsel of the OSB, succeeding George Reimer. She is the first woman General Counsel of the OSB. BULLIVANT HOUSER BAILEY MBA Board Director David A. Ernst has become the firm president. As president, he will oversee operations in the firm s six west coast offices. He will continue his practice as a nationally recognized expert in food and beverage industry litigation. Jeffrey S. Eden will replace Ernst as the Portland office shareholder in charge. MARTIN BISCHOFF Philip A. Rush, a partner at the firm, has been given the Jim Barron Award by the OSB Aviation Section. He has also been appointed the executive committee chairperson for the section. DAVIS WRIGHT TREMAINE Carol Bernick was presented Lewis & Clark Law School s Joyce Ann Harpole Award, which recognizes professionals for balancing their careers, families and community activities. Bernick s practice specializes in employment, employment litigation, health law, hospitality and recreation. TONKON TORP Paul W. Conable and Michael W. Fletcher have been elected partners of the firm. Conable s practice is focused primarily on commercial litigation. Fletcher concentrates on assisting companies with their general business law needs. JORDAN SCHRADER Hafez Daraee has joined the firm. Daraee has more than 13 years of legal experience representing clients in all facets of complex commercial, construction and real estate litigation as well as real estate, construction and commercial transactions. STOLL STOLL ET AL e International Society of Barristers has inducted N. Robert Stoll into its membership. Membership is by invitation only to a few prominent, experienced trial lawyers in North America. Christina Beatty-Walters has become a shareholder in the firm. Her work concentrates on financial fraud, unfair competition, intellectual property and employment matters. DUNN CARNEY ET AL John R. Barhoum joined the firm, where his practice will include business and commercial litigation with a focus on products liability and insurance coverage litigation while Wilmot will focus on environmental, natural resources and water law. LANE POWELL Robert E. Maloney Jr., firm shareholder, recently chaired the dinner program for the inaugural Oregon Independent College Foundation (OICF) Ethics Bowl. Co-chairs at the event included John Emrick, President and CEO of Norm ompson and Bob Hirshon, CEO of Tonkon Torp. e OICF is comprised of 10 member colleges and universities, which sent representative teams of students to the Ethics Bowl. ese teams appeared before panels of judges staffed by senior officers of major Portland businesses to present and answer business ethics questions raised by case studies on real business situations. Jill R. Long has joined as counsel to the firm in its real estate and land use practice group. Long s practice emphasizes land use, real estate and business law, including a focus on obtaining entitlements for developers and property owners. Dominic G. Colletta and John C. Pinkstaff have joined the firm as shareholders in the real estate and land use practice group. Suzanne H. Kim was named 2006 winner of the Lane Powell George V. Powell Diversity Scholarship Award. She is currently attending the University of Washington School of Law and expects to complete her JD in June Kim s numerous honors and activities include receiving the Korean American Bar Association of Washington 2005 Scholarship, serving as Vice President of the UW Multicultural Law Student Association, and serving as the UW Student Representative of the Korean American Bar Association of Washington. Lane Powell s Diversity Scholarship Program awards a second-year law student a substantial academic scholarship for the student s third-year law school tuition and expenses, in addition to a paid summer associate position in either the Seattle or Portland office for the summer immediately following the student s successful completion of their second year of law school. Students can be from any ABA accredited law school. e first scholarship was awarded in the summer of For more information on the scholarship program, visit STAHANCYK, KENT, JOHNSON & HOOK Arthur K. Saito has joined the firm as an associate, where he will continue to practice family law and estate planning. MARKOWITZ, HERBOLD, GLADE & MEHLHAF Jeffrey M. Edelson, a firm shareholder, has joined the Portland Metro Board of Directors of the American Heart Association s Pacific Mountain Affiliate, where he will serve a twoyear term. David Markowitz, a founding shareholder of the firm, received special recognition for his dedication to teaching younger attorneys and clients how to develop business for themselves. e Mentor Award was one of only four special honors bestowed at the first-ever Commerce Magazine Rainmaker Awards. JOHNSON RENSHAW & LECHMAN-SU Mark Johnson has been elected to serve as Oregon s new state delegate to the ABA, succeeding Katherine O Neil. e state delegate serves as the chair of the delegation and as Oregon s voice on the ABA s Nominating Committee. Johnson is a former President of the OSB and practices family law. YATES, MATTHEWS & ASSOCIATES Jeffrey S. Matthews, firm shareholder and Multnomah Bar Foundation President, was recently admitted to the American Academy of Matrimonial Lawyers. STOEL RIVES Wally Van Valkenburg has been appointed as managing partner for its Portland office. Van Valkenburg chaired the firm s technology and intellectual property group for the past five years. Steven T. Lovett will replace Van Valkenburg as the new group chair. MEYER & WYSE Jennifer K. Neth has joined the firm as an associate, where she will focus her practice in the areas of estate planning, probate and litigation. RICHARD MAIZELS Maizels moved his office to 621 SW Morrison St Ste 1025, Portland OR 97205, phone , fax , He continues to offer arbitration and mediation service. ROSE LAW FIRM e firm has moved to 1211 SW 5th Ave Ste 2330, Portland OR 97204, phone , where it continues to focus its practice on business and real estate transactions and disputes. ST. ANDREW LEGAL CLINIC Matthew A. Levin and Robert J. Neuberger have joined the board of directors. Both will serve twoyear terms. In addition, David A. Bledsoe has been named chair of the board for Levin is a shareholder at Markowitz Herbold et al with substantial litigation experience in federal and state courts as well as private mediation and arbitration. Neuberger, an MBA Past President, specializes in professional malpractice, product liability, admiralty and maritime and personal injury law. Bledsoe is a partner at Perkins Coie and his areas of practice include commercial, environmental and insurance coverage litigation. GARVEY SCHUBERT BARER Michael R. O Connor, an owner in the firm s Portland office, has 7 been elected to the Cascade AIDS Project Board of Directors. He was also named one of Portland Business Journal s Forty Under 40 for 2006, an annual award given to up and coming professionals. O Connor focuses his practice on business and commercial litigation, class action litigation and labor and employment law. Scott Schiefelbein joined the firm as an associate, where he practices in the areas of business, and federal, state and local taxation. BATEMAN SEIDEL ET AL Abby Wool Landon has joined the firm, where she will assist its estate planning and probate administration practice and will continue her practice in business, family and business succession planning. ROBERT J. MCGAUGHEY McGaughey announces the publication of the third edition of Oregon Corporate Law Handbook. Earlier editions were published in 1988 and e Around the Bar column reports on MBA members moves, transitions, promotions and other honors within the profession. Items may be submitted by to and are edited to fit column format and used on a space-available basis.
8 M u L T N o M A H L A W Y E R Tips from the Bench By Judge John A. Wittmayer, Multnomah County Circuit Court. City - County Operator telephone number We all know how important it is for you to be in court on time. But sometimes you just get stuck in another courtroom with something that took longer than you expected, or there is an accident on the freeway that delays you, or you did not anticipate how long the security line would be to get into the courthouse. Common courtesy dictates that you call the judge s office before you are expected to be there if you will be delayed. But we have 38 judges in Multnomah County, all with different telephone numbers. You cannot be expected to have all 38 telephone numbers in your cell phone memory. e good news is that you do not have to know the telephone number of any individual judge. e City of Portland and Multnomah County together share a telephone operator that can get you to any office in the courthouse. Just call and ask for the office of the judge who is expecting you. Put the citycounty operator s telephone number in your cell phone memory and you will be able to reach any judge s office easily. Plea agreements criminal cases e vast majority of criminal cases are concluded with some type of plea bargain, and without a trial. Most of these pleas are accomplished in court with no problem. But, occasionally a misunderstanding about the bargain becomes apparent in court at the time of the plea. Prosecutors and defense counsel should work to have a clear understanding about the nature of the plea bargain, to avoid these misunderstandings. e misunderstanding o en results from an incomplete understanding by the lawyers of the nature and scope of the agreement, e.g. what financial obligations are included in the agreement. Sometimes the plea is pursuant to ORS , the plea agreement or plea contract statute. When a plea is presented in this format, it means that the judge has been advised before the plea of the agreement, the reasons for it, and has told the lawyers he/she will follow the agreement. Lawyers involved in these agreements should read ORS so they have a clear understanding of the process and the benefits of such a plea. e question is: in exchange for the consideration granted by the prosecutor, e.g. charge reduction, dismissal of other charges, and/or a particular sentence recommendation, is the defendant agreeing to ask the judge to impose that sentence, or is the defendant reserving the right to seek a lesser sentence? Either approach is fine - but we should not be discovering that the prosecutor and the defendant have a different view of this at the time of sentencing. Welcome to Judge Adrienne Nelson In February, Governor Kulongoski appointed Adrienne Nelson as a Circuit Court Judge, to replace Judge Sidney Galton, who retired. Judge Nelson came to us from Portland State University, where she was the Director of the Student Mediation and Legal Services Office. Before that position, Judge Nelson was in private practice in Portland with the Bennett Hartman firm, and previously was a public defender. By Greg Silver, Metro Public Defenders and Court Liaison Committee member. Presiding Judge s Report Judge Koch reported that the Multnomah County Facility Division s staff is talking to downtown landowners regarding land for a new courthouse. Discussions will continue throughout the year. e county chair s budget, released on May 4, included a 20% reduction in funds the Sheriff s Department uses to provide security at the courthouse and transport inmates to court. If implemented, the reduction would have a significant impact on the time it takes people to pass through security to enter the courthouse and the time it takes to get individual inmates to courtrooms for trials, hearings and other matters. e money could possibly be re-allocated internally, but that would require cuts to other areas of the Sheriff s budget. e process is ongoing. Between 11 and 13 judges will be eligible for retirement by the end of Julia Hagan will report to the MBA Board on Court Liaison Committee activities. She requested chairs of the subcommittees to give her brief reports on the work their subcommittees have done this year, the work that is in progress and what is recommended for next year. She asked Doug Bray to provide the report for the Jury Verdicts Subcommittee and Michael Merchant to provide the report on the OJIN Subcommittee. Julia will write the report for the Judicial Practices Subcommittee. No report is needed from the Web site Subcommittee. Judge Christopher Marshall will host the spring Judges Brown Bag on May 25. e Brown Bag will focus on issues of interest to the civil bar. Other judges will likely participate as well. Judy Edwards reported that as of May 5, the MBA had approximately 500 reservations for the May 13 Century of Service event. e MBA has raised almost $235,000 to date for the MBA Community Gi Fund and has made its first grant to the Classroom Law Project to expand its We the People program to Parkrose and Franklin High Schools and two feeder middle schools. As part of the Century of Service theme, the June issue of the Multnomah Lawyer focuses on women in the bar. e July/August issue will focus on diversity; September on legal aid services; October and November will highlight specific practice areas; and the December issue will focus on law-related organizations. Judy also reported that the CourtCare 2006 fund raising goal is $100,000. Contributions have been light so far. CourtCare did survive in the county chair s budget proposal and one additional person has been added to the staff so it no longer has to close if one person is out sick or on vacation. CourtCare has served over 5,000 children. Julia reported that the Safety Planning Committee continues to meet. e state committee is focusing on business continuation planning how the courts could continue to operate if current facilities became unusable. New Business e committee reviewed the charge from the MBA Board. ere was consensus that next year s committee should continue most of the same actions, noting that the committee should evaluate how best to facilitate or encourage feedback on the judiciary and the court. ere has been very limited use of the Judicial Feedback program. MBA members are encouraged to recommend venues for the Judicial Speakers Bureau. Judge Koch noted that the bureau s focus is on speaking to non-lawyers about the role of the judiciary in the community. e best time for speakers is early morning, the noon hour and a er work. Members may contact Carol Hawkins, with suggestions. New and continuing appointments to the Court Liaison Committee will be made by the MBA Board, beginning in June. e board will appoint a new chair this summer. Chair Julia Hagan thanked the committee for its work during the past year, and the committee members thanked Julia for her great work as chair. Usually with these plea agreements, in exchange for a guilty plea, the DA agrees to reduce the charge, i.e. a plea to a lesser included offense, or to move to dismiss other charges, or to make a particular sentencing recommendation to the court that is acceptable to the defendant. e misunderstanding occurs when, at sentencing, the defendant asks the court to impose a sentence different than the sentence agreed upon in the plea bargain. Did the prosecutor and the defendant agree that defendant was free to ask for a lesser sentence than the prosecutor agreed to recommend in exchange for the plea? Was the prosecutor expecting the defendant to ask for a lesser sentence than agreed upon in the plea bargain? Usually not. In Memoriam William N. Stiles William N. Stiles died unexpectedly on April 11, Bill graduated from Grant High School in During high school he worked at Riverside Country Club and developed a life-long love of golf, including a final round on the morning before his death. Bill attended Yale University where he attained both his undergraduate degree and law degree. A er Bill graduated from law school in 1963 he served as a law clerk for the 9 th Circuit US Court of Appeals and was admitted to the California State Bar. Bill returned to Oregon to practice law in 1965 and passed the Oregon State Bar that year. Bill began his career in Oregon at the firm today known as Miller Nash. In 1972 he joined the firm now known as Sussman Shank and continued to practice as a partner there until the time of his death. roughout his legal career, Bill wrote and spoke on numerous legal issues including creditor s rights, administering trusts, asset protection and insurance law. Bill was a longtime member of the Debtor- Creditor Section of the OSB, served as the chairman of that section ( ) and was the recipient of that section s Award of Merit in 1996 for his many contributions. He was also a past president and board member of the Oregon Law Institute. Bill was a lifetime member of Who s Who in American Law. Bill s vast knowledge, professionalism and ethical standards combined with his generous spirit made him an ideal mentor and role model to scores of lawyers over the years. Perhaps it is most significant that Bill was always cognizant about how the law affected people in their daily lives. He knew the difference between what was merely legal and what was right and always sought an outcome that preserved the dignity of the parties to the greatest possible extent. Bill had a keen intellect and an encyclopedic knowledge of many things. Although he would never say so, he was almost always the smartest person in the room. Bill could (and would) talk with anyone about almost anything and add valuable insight and information to the conversation. His integrity and decency are legendary. Although blessed with many talents, it never occurred to Bill to rely on such gi s in place of hard work. Despite his many successes and accomplishments, Bill was proud of, and never forgot, his humble upbringing (in fact, Bill rarely forgot anything). His family and friends will never forget him. 8
9 J U N E Profile: Referee Leon Colas, Multnomah County Circuit Court By Hon. Adrienne Nelson, Court Liaison Committee member. Leon Colas grew up in Klamath Falls, as the third of five children. A er his high school graduation, he attended Western Oregon University where he planned to study to become a gymnastics and physical education coach. Leon enlisted in the Air Force a er two years of college, following in his father s footsteps. While in the Air Force, Leon built a Vietnamese refugee camp and interacted on a regular basis with Vietnamese officers and refugees. A er he finished his enlisted time with the Air Force, Leon returned to Western Oregon University and received his Bachelor of Arts degree in Social Science (with an emphasis on corrections) and a minor in Psychology. A er his graduation from college in 1977, Leon became a police officer. He worked in Dallas and Salem for 11 years and then went to law school. Leon said that his experience as a police officer with the justice system helped him believe that he could be an attorney. In 1992, Leon graduated from the U of O Law School. A er law school, Leon worked as an associate at Browning and Heil in Forest Grove practicing family law. e same year that Leon worked for Browning and Heil, he became a pro tem judge for the Gaston Municipal Court. at experience made Leon want to be a judge. In September 1995, he became a partner in his law firm while continuing his pro tem judge duties. In June 1997, Leon became a Cornelius Municipal Court Judge for two a ernoons per week. In January 1998, he became a McMinnville Municipal Court Judge one day a week and le his firm to establish his own firm. As a McMinnville municipal court judge, he presided over jury and DUII trials; his interest to become a circuit court judge was strengthened. In June 1999, Leon moved his practice to McMinnville so he could maintain his family law practice and his pro tem judge duties. From September 1999 to 2002, Leon continued his pro tem judge duties but suspended his law practice to spend time with his son, who was born in the fall of During this time, Leon taught his son to read and volunteered at his school so that he coul grow closer to his son and develop a deeper bond with his son. When Leon s son went to kindergarten, he began his practice again. Leon practiced family law for two years before he became a full-time pro tem judge for Multnomah County. He was sworn in as a pro tem judge on August 2, Leon Colas Leon is family-oriented and a person who can do multiple projects well. While maintaining a career and being a good father and husband can be overwhelming, he takes it all in stride. Leon says that he can do all things in his career and his judicial campaigns, with his wife and son s support. MBA 100th Anniversary Celebration 1 If you didn t make it to the May 13 th event at the Portland Art Museum, you missed a big party! Over 500 people attended, toasted to the first 100 years of the MBA, watched an excellent video, munched on delectable appetizers and outrageous desserts and danced until midnight. Please take a look at the photos and enjoy it vicariously if you weren t there. MBA Commemorative Publication Now Available We are pleased to announce the new publication that commemorates MBA s 100 th anniversary. e beautiful, so bound compendium of historical MBA and law-related events, significant court cases and lawyers who have made their mark in the legal community is easy to read, yet pays serious tribute to the many who have contributed to MBA s A Century of Service. Everyone who purchased a ticket to the May event or donated to the MBA 100 th Anniversary Community Gi Fund receives a free copy. To purchase a copy, please contact the MBA at We want to express our sincere appreciation to those who spent many hours researching, writing, editing, selecting photos, designing and proofreading the publication at many stages of its production. ey include Lori Foleen, Don Marmaduke, Katherine O Neil, Carol Hawkins, Kathy Maloney, Judy Edwards, Jonathan Fine (writer) and Laurie Causgrove Design (graphic design). MBA Historic Video Attendees at the May event enjoyed watching an eightminute video, which focused on several topics associated with the MBA. Starting with the early years of the legal community, it addressed the changing practice of law; worthy MBA projects such as the professionalism summit, Multnomah CourtCare, Volunteer Lawyers Project (VLP), judicial screening, the 1950s MBA radio show You and the Law and Multnomah Law Library; lawyers who went to Mississippi in the 1960s to donate their time to try civil rights cases; women and diversity in the bar; legal aid; and the Young Lawyers Section. We thank Katherine O Neil who acted as moderator at all seven taping sessions and for formulating the questions. We also appreciate the time spent by each of the panelists. Changing Practice of Law Neva Campbell, Tom Cooney, Dianne Dailey, Adrienne Nelson, John Ryan Worthy MBA Projects Carol Bernick (judicial screening), Cathy Keenan (VLP), Albert Menashe (professionalism summit), Robin Selig (Multnomah CourtCare), Norm Weiner (MBA radio program), Jacque Jurkins (Multnomah Law Library) Mississippi Lawyers Bernie Jolles, Don Marmaduke, Jake Tanzer Women in the Bar Susan Hammer, Noreen Saltveit McGraw, Lynn Nagasako, Katherine O Neil Diversity in the Bar Hon. Richard Baldwin, Hon. Ancer Haggerty, Sonja Henning, Yi-Kang Hu Legal Aid Leslie Kay, Tom Matsuda, David ornburgh, Steve Walters Young Lawyers Section Mike Haglund, Katie Lane, Andrew Schpak, Ruth Spetter Appreciation to e Naegeli Reporting Corporation e video was produced by e Naegeli Reporting Corporation, which donated all services relating to the video, including taping more than 10 hours of raw footage, adding interesting photos, writing the script, selecting music and providing voice overs. Most importantly, they edited the many hours of raw footage into an insightful, effective and first-rate video about the MBA, its members and its many projects over the years - a video that will be appreciated for years to come. We especially want to express our appreciation to owners Marsha Naegeli and Troy Moody and videographers Michael Gramza and Travis Shields. e company presented a complimentary copy of the video to each attendee at the May event. ank you Marsha, Troy, Michael and Travis for your generosity and your fine work. Photos: 1. Wally Sweek and Jack Faust 2. Don Marmaduke and Randall Kester 3. Marsha Naegeli, Katherine O Neil, Toby Graff 4. Katie Lane, Jacinta Wang Kilber, Noëlle Saint-Cyr, Sherilyn Waxler, Mary Lou Haas, Eric Waxler
10 M u L T N o M A H L A W Y E R Thanks for Another Great Community Law Week! By Kristin Sterling, Stoel Rives and Community Law Week Chair. e members of the YLS Service to the Public Committee once again recruited members of the Multnomah County legal community to host a week of legal-focused events for the general public. From May 1-6, over 70 law firms and legal professionals donated their time and resources to Community Law Week, an annual event that provides legal education, access and assistance to the public. As before, this year s CLW volunteers coordinated a clothing drive for the Dress for Success charity at local law firms, organized a Tell it to the Judge! event at Lloyd Center Mall, and hosted Free Legal Information Centers throughout Multnomah County during CLW. Young lawyers Anton Labrentz and Maya Crawford at Tell it to the Judge is year s CLW volunteers also hosted a community symposium at Portland State University on May 1, which is nationally recognized as Law Day, to discuss this year s Law Day theme, Liberty Under the Law: Separate Branches, Balanced Powers, as it relates to the Foreign Intelligence Surveillance Act (FISA) and the president s secret executive order Young lawyers Karstan Lovorn and Angela Engstrom volunteer at a Legal Information Center authorizing the National Security Agency to conduct warrantless wiretapping. e panel, which was moderated by PSU Political Science Professor Regina Lawrence, included Professor William Funk from Lewis & Clark Law School, who coauthored FISA during his tenure as a staff member for the House Permanent Select Committee on Intelligence, David Fidanque, Executive Director of the ACLU of Oregon, and Special Agent Jared Garth from the FBI Portland office. is impressive panel drew a crowd of downtown lawyers, Referee Cheryl Albrecht talks with Lloyd Center Mall patrons PSU students and community members that dodged the May Day immigration rally taking place just outside the PSU Student Union that day. Professor Funk provided symposium attendees an insider s view to the dra ing of FISA, Special Agent Garth explained the hoops that the Bureau must jump through to obtain a FISA warrant, and Fidanque explained the civil liberties concerns where domestic wiretapping occurs in the absence of a warrant. is engaging discussion was co-sponsored by several departments at Portland State University and supported by a grant from the League of Women Voters Education Fund and the Program on Constitutional and Legal Policy of the Open Society Institute. Committee members John Belknap, Angela Engstrom, Marc Jolin, Katie Lane, Erin Lillis and Trung Tu were also instrumental brainstorming ideas, recruiting speakers and otherwise organizing this successful event. CLW would not have been possible but for the assistance of the following individuals on the YLS Service to the Public Committee: Justin Leonard of Ball Janik resumed his post as Community Law Week s fundraising chair. Justin did a remarkable job last CLW raising funds, thereby enabling the committee to purchase 40 streetlight banners that will be prominently displayed every CLW around the Multnomah County Circuit and Federal courthouses. is year Justin continued to amaze, bringing in monetary and in-kind donations that will guarantee the success of CLW for years to come. Jennifer Durham of Bodyfelt Mount Stroup & Chamberlain complimented Justin s fundraising efforts by coordinating publicity for CLW. Jennifer worked with our printers and designers, Bridge City Legal and LazerQuick, to put Referee Steven Todd talks with a Lloyd Center Mall patron together brochures and posters that were distributed throughout Multnomah County. Jennifer also composed and sent press releases and advertisements to more than a dozen area publications and organizations. Angela Engstrom organized this year s Legal Information Centers, involving 26 attorneys at 11 locations throughout Multnomah County. e centers provided citizens with valuable legal information, including handouts from the Oregon State Bar and Legal Aid Services of Oregon. Young lawyers Steven Powers and Sarah Creem at Tell it to the Judge John McVea recruited seven judges from Multnomah County Circuit Court to meet with the public and answer questions for Tell it to the Judge! held Saturday, May 6 at the Lloyd Center Mall. ere, the public had a chance to interact with the judges and learn about the judicial system. ere was also a calligrapher on hand to create and present certificates for individuals who had served as jurors. Trung Tu of McEwen Gisvold and Jennifer Durham successfully organized a clothing drive for Dress for Success of Oregon, the local chapter of the international nonprofit organization that helps women get back on their feet and prepare for the workforce. is year we had 16 Law Firm Captains who encouraged their colleagues to donate work-appropriate women s clothing and accessories for local jobseekers. is year we also enlisted a handful of volunteers assist in picking up the donations at all of those firms! CLW is truly an amazing collaborative event of Multnomah County legal community. If you were unable to participate this year, please consider joining in on the fun next year! ank you Community Law Week sponsors! Ater Wynne LLP Barran Liebman LLP Bodyfelt Mount Stroup & Chamberlain LLP Davis Wright Tremaine LLP Homan Hart & Wagner LLP Kirklin Folawn LLP League of Women Voters Pacific Northwest Paralegal Association Perkins Coie LLP Portland State University Ramis Crew Corrigan LLP A special thanks to our continuing Banner Sponsors! Barran Liebman LLP Cosgrave Vergeer Kester LLP ank you Law Day Symposium Panelists! David Fidanque, ACLU of Oregon Professor William Funk, Lewis & Clark Law School Special Agent Jared Garth, FBI Professor Regina Lawrence, Portland State University ank you Community Law Week Volunteers! Legal Information Centers Peter Bangay Robin Bellanca Bob Bouneff Cary Cadonau Christina Dirks Owen Dukelow Angela Engstrom 10 Young Lawyers Section April Social a Success By Maya Crawford, Legal Aid Services of Oregon and YLS Membership Committee. On ursday, April 20, the YLS Membership Committee hosted its annual Meet the Judges Drop-in Social at Fernando s Hideaway. is year s event was a great success, as many attorneys and judges were in attendance. Young lawyers had an opportunity to meet judges from all levels of state and federal court in a relaxed setting. Both the bench and the bar welcomed the opportunity to speak with one another in a collegial atmosphere and gain from each other s experiences. is year s social also featured a raffle drawing, the proceeds of which went to the Multnomah County CourtCare program, a nonprofit childcare service that provides children with a safe and comfortable place in the courthouse. YLS would like to acknowledge the generosity of the local businesses that donated prizes for the raffle. anks to their support we raised over $2100 for CourtCare! ank you to all who participated. We look forward to seeing you again next year! Judges Mike King and Kristena LaMar with young lawyers Ben Eder and Jennifer Durham Thank You to Raffle Sponsors The YLS appreciates the businesses that donated prizes for the CourtCare raffle held at the annual Judges Social. Grand Prize Donors - Rich Mann of Gallery Furniture of Beaverton and Tim Rasch of EPB&B Insurance Donors - Additional thanks to: Daniel and Stephanie Brown; Julie Robinson Massage; Perkins Coie, LLP; Sarah Lindstrom at Blue Chair Salon; Michael Leland at Mortgage Trust, Inc.; Hair M; Acadia Restaurant; Salon LaMuse; Cargo; The Pearl Retriever; Newport Bay Restaurant; Peet s Coffee; the Avalon Hotel & Spa; Starbucks; Fernando s Hideaway; Stephanie Curtin Massage; Andina Restaurant; and the YLS Board Thanks to their generosity over $2100 was raised for CourtCare. Sonya Fischer Denise Gorrel Cashauna Hill omas Huyhn Michelle Johansson Marc Jolin Cathy Keenan Rob Kline Erin Lillis Karstan Lovorn Erin MacDonald Brad Macomber Clay McCaslin Chuck Reynolds Continued on p. 11
11 J U N E Children: The Silent Victims of Divorce Child Centered Solutions By Jody L. Stahancyk, Child Centered Solutions Board Chair. When things go badly for parents, the situation is o en even more terrible for their children. Parents, schools, attorneys and courts all profess to put children first, but the reality is o en much different. Child Centered Solutions, a 501(c)3 (pending) foundation has been formed by attorneys, counselors and community leaders to address the issues of children in family crisis. Beginning with the belief that most participants want to put children first, CCS s mission is to educate, advocate and communicate concerning the needs of children, especially during and a er a divorce. rough education about the concept of stewardship parenting (children s needs first) vs. ownership parenting (parent s needs first), CCS hopes to prepare parents for the challenge of meeting their children s needs during divorce. is is particularly important since 50 percent of all marriages end in divorce. Maintaining a stewardship stance is easy in the abstract while difficult in the delivery. Participants o en place more emphasis on conflict avoidance than the best interests of children. Like the parents who give into their child s public tantrum, the short-term fix is to avoid conflict and this causes the child long-term problems. With education and system support comes the skill to solve the root issue. Child Centered Solutions can provide attorneys and judges with opportunities to explore and practice how to prioritize children s needs. If both parents exercise stewardship parenting with the court s support, children will be protected from the adult issue of divorce. High conflict families who cannot follow a stewardship-parenting model cause the greatest damage to children. Attorneys and judges can be educated on how to determine which parent or parents are ownership based and will not be able to put children s needs first. Once this group is identified, there are specific tactics that can be used to make attorneys and judges a part of the solution. Child Centered Solutions will support pro bono attorneys to represent children in divorces with a program that will provide free access to medical and mental health consultation experts to help cra long-term solutions. Beginning in September, Child Centered Solutions will fund a position to be held by a nonaffiliated attorney who will, at the request of the Multnomah family law judges, represent children in pro per divorce cases where the court is concerned that the needs of children are not being met. is attorney will represent the child, drawing together both parents and with professional medical and mental health assistance, will cra the best child centered plan. e problem is clear, but the solution overwhelming. It is Child Centered Solution s intent to take simple, coordinated steps to give all participants - parents, schools, attorneys and judges - tools to make children s needs a priority. To be a part of the answer, Child Centered Solutions invites your comments and your ideas. Tell us how to protect children from becoming the silent victims of divorce. Contact us at: Child Centered Solutions, PO Box 0397, Portland OR 97207, , PRO BONO VOLUNTEERS anks to the following lawyers, who recently donated their pro bono services via the Volunteer Lawyers Project, the Senior Law Project, Community Development Law Center, law firm clinics, the Oregon Law Center, the Nonprofit Project and Attorneys for Youth. To learn more about pro bono opportunities in Multnomah County, check out the Pro Bono Opportunities in Oregon handbook, available at Jason Ayres Bethany Bacci Brandon Benson Dick Biggs Brad Brown Laura Caldera Taylor Caroline Cantrell Brett Carson Craig Cowley Sarah Crooks Steve Cyr Shelly Damore Gary Enloe Michael Evans Joseph Field Jon Fritzler David Gray Stacy Hankin eressa Hollis Sara Kelly Ed Johnson Sam Justice Karen Knauerhase Linda Larkin Andrew Lauersdorf Elizabeth Lemoine Steve Lovett Erin MacDonald Greg Macpherson Tim McNeil Greg Mowe Carl Neil Robert Nelson Rich Oberdorfer Jennifer Oetter Robert Olsen Joel Overlund Michael Petersen Duane Petrowsky Marilyn Podemski Charles Pruitt Garvin Reiter Gerry Rowe Ellyn Stier Sandra Stone Scott Strahm Alex Sutton Laura Caldera Taylor Bruce Towsley Todd Trierweiler Evans Van Buren Hon. George Van Hoomissen Richard Vangelisti Aaron Varhola Shaun Wardinsky Eric Waxler Rob Wilkinson Charlie Williamson Terry Wright K. William Gibson Arbitration/Mediation Statewide St. Andrew Legal Clinic 6th Annual Race for Justice Saturday, June 24, St. Andrew Legal Clinic holds its 6th Annual Race for Justice event in NE Portland. e race begins at 10 a.m. at McMenamin s Kennedy School. Walkers and runners will have a choice between the 6K and 10K courses. A post-event party includes free pizza, beverages, live music, a raffle and awards. St. Andrew Legal Clinic (SALC) is a nonprofit organization that has provided legal representation since e 2006 Race for Justice is sponsored by 15 local law firms and companies and underwritten by adidas, Ater Wynne, Bullivant Houser Bailey, Kent & Johnson, Perkins Coie, Stoel Rives and Standard Insurance. e event s goal is $100,000, which helps SALC provide more low-income families with critical legal assistance. e race registration fee is $35, but that fee is waived for those who raise $100 or more in pledges. Preregistration is encouraged before June 21. Onsite registration is available for $40. For more information or to register, call ext. 24, or go to When you need someone to get to your office fast no matter where you are in the Northwest. Available for single arbitrator court cases or panels. Personal injury, insurance disputes, contract disputes, employment and business disputes. Tel Community Law Week Continued from p. 10 Andrew Schpak Iayesha Smith Kristin Sterling Rebecca iebes Kim Tucker Dress for Success Jennifer Amiott Allison Bizzano Engred Chai Jennifer Durham Saville Easley Sarah Greenley Patchen Haggerty Laurel P. Hook Lindsay Kandra Cathy Keenan Katie Lane Erin Lillis Leah Mallon Susan Quanbeck Lindsay Stamm Kristin Sterling Christine Uri Tell it to the Judge! Cheryl Albrecht, Referee Hon. Linda Bergman Hon. Henry Kantor Julia Philbrook, Referee omas Ryan, Referee Steven Todd, Referee Randall Weisberg, Referee Maya Crawford Sarah Creem Saville Easley Adam Gamboa Katie Lane Steven Powers Dana Scheele Generation Gap Survey In March, the MBA conducted a generation gap survey, which explored views on the practice of law among attorneys from a wide range of ages. ere were 1325 people who completed the survey. ank you to everyone who took the time to participate. A committee is currently reviewing the responses and preparing results for further discussion and distribution to the legal community. 11
12 M u L T N o M A H L A W Y E R Yates, Matthews & Associates, P.C. One S.W. Columbia, Suite 1800 Portland, Oregon Expert guides through troubled times Practice dedicated to family law Our congratulations to Jeffrey S. Matthews, on his recent admittance to the American Academy of Matrimonial Lawyers. To be represented by a Fellow of the American Academy of Matrimonial Lawyers is to be represented by a leading practitioner in the field of law. We are also pleased to welcome as an associate attorney Sarah Brown-Heimbucher Congratulations Multnomah Bar Association 12
13 J U N E PETER R. CHAMBERLAIN Experienced Mediator and Arbitrator Tort Litigation Commercial Claims Business Disputes Available Statewide BODYFELT MOUNT STROUP & CHAMBERLAIN Bodyfelt Mount Stroup LLP & Chamberlain, LLP ATTORNEYS AT LAW TIME OUT! TIME OUT when you take time away from trial preparation, you expect that it wont be wasted....when you take time away from trial preparation, you expect that it wonʼt BANNON MEDIATION, LLC Experienced in simple and complex business, personal injury be wasted. and employment cases. LAW OFFICE OF ALBERT J. BANNON BANNON MEDIATION, LLC EXPERIENCED IN simple & complex business, personal injury & employment cases
14 M u L T N o M A H L A W Y E R CLASSIFIEDS Space DOWNTOWN PORTLAND Two exterior offices with expansive views on top floor of 1000 Broadway Building. Class A space. Newly remodeled and decorated by professional designer. The civil litigators in this large suite share two conference rooms, kitchen and file room. Copier, fax, telephones and receptionist services provided. Parking, large conference room, private gym and bank in building. Call SAVE THOUSANDS On Multnomah County taxes by leasing a new professional office building at 4975 SW Watson St, Beaverton OR. 2,211 sq. ft with six parking spaces, six offices, reception area, conference room, file storage, work room and kitchen area. Asking $3,150 per/mo. NNN. Mele, Taylor & Westerdahl Real Estate at or online at LLOYD CENTER AREA Join two attorneys in office sharing 10x13 office, conference room, new phone system and DSL. Part time receptionist available. $550/ month. Contact David A. Snyder at BEAVERTON For rent: spacious 12 x16 office with large windows, including secretarial space. Building has eight total offices occupied by a congenial group of solo practitioners of various legal backgrounds. Shared copy machine, fax machine, DSL, law library and conference room. Free parking. Easy access to Hwy 26 and $700/mo. Positions Available WOULD YOU LIKE TO PRACTICE BUSINESS LAW In a community where there is significant growth and opportunity? Do you want to be part of an established law firm with a reputation for providing high quality service and expertise? We are seeking the Best of the Best to participate in the firm s growth, direction and leadership. Landerholm, Memovich, Lansverk, & Whitesides, P.S. is a 17- attorney firm that is looking for several highly capable attorneys to join our thriving business practice. Located in Vancouver, Washington, we are the largest law firm in Southwest Washington which is an area that offers a superior quality of life, excellent schools, affordable housing and numerous opportunities for community involvement. Vancouver is the fastest growing city in the state and is part of the fastest growing county in the Northwest. With that growth, there are excellent opportunities for intellectual, financial and organizational advancement. Resumes should be sent to rh or to Director of Operations, Landerholm, Memovich, et al, 805 Broadway St Ste 1000, Vancouver WA MIDLEVEL (5+ YEARS EXPERIENCE) CIVIL LITIGATION ATTORNEY With emphasis on insurance defense, having high quality writing and legal research skills. Construction defect, insurance coverage and appellate practice experience a plus. Oregon State Bar required and Washington Bar preferred. Please send all inquiries to Charles Harms, Hiring Partner, Mitchell, Lang and Smith, 2000 One Main Place, 101 SW Main St Portland OR DIRECTOR, CONFLICT AND DISPUTE RESOLUTION M.A./M.S. PROGRAM. The University of Oregon seeks an experienced professional who will be responsible for growth and management of the new interdisciplinary graduate program: Master s in Conflict and Dispute Resolution ( CDR ) Program. The Director will lead all aspects of the Program including student, academic and administrative issues. Advanced Degree (J.D., M.A./ M.S., or Ph.D.) required. See the University of Oregon Web site: unclassified/administrative/ for a complete list job requirements, job description, application procedures, application forms and supplemental questions. An Equal-Opportunity, Affirmative-Action Institution Committed to Cultural Diversity and Compliance with the Americans with Disabilities Act. We invite applications from qualified candidates who share our commitment to diversity. ASSOCIATE ATTORNEY Harrang Long Gary Rudnick P.C., a growing regional law firm, is looking for an experienced associate to join its expanding litigation practice in Portland. Requirements include five+ years of commercial litigation experience, including trial and/or deposition work. Some experience with bankruptcy or creditors rights preferred. Successful candidate must possess excellent communications, writing and research skills, a strong academic record, the ability to exercise sound independent judgment and good client relations skills. The position will involve considerable client contact and will provide an opportunity for significant professional development and growth within a collegial environment. Please resume and cover letter to Joanne Austin, harrang.com or send directly to 360 E 10th Ave Ste 300, Eugene OR ATTORNEY Well respected mid-size Eugene law firm seeks associate with experience in business and municipal law and related areas. Litigation experience a plus. Substantial experience in municipal law required. Excellent opportunity to join a collegial firm committed to high-quality legal work and a high-quality of life. Send cover letter, resume and references for confidential consideration to Speer Hoyt, Attn: John Wolf, 975 Oak St Ste 700, Eugene OR 97401, CAO ATTORNEY The Oregon State Bar (OSB) regulates the practice of law in Oregon and provides a variety of services to its members and the public. We are looking for someone to join our dynamic team. As a staff attorney in the Client Assistance Office (CAO), evaluate inquiries and complaints concerning the conduct of attorneys and determine appropriate disposition. Position receives and reviews inquiries and complaints concerning the conduct of attorneys. Analyzes facts and legal issues to determine whether misconduct has occurred and exercises discretion to dismiss matters or refer for further investigation. To extent possible, assists clients and lawyers to resolve other issues using CAO resources. Assigns work to and provides input on the evaluation of support staff. Responsible for coordination or oversight of specific program functions, as assigned. Serves as back-up to provide telephone ethics assistance to members, as needed. Assists in development of long and short range plans, policies, and procedures for CAO. Assists with CAO staff training. Speaks and writes on ethics issues for continuing legal education (CLE) programs and OSB publications. Requires admission to the practice of law in Oregon. Four years of legal experience, preferably in a government or private practice involving litigation. Knowledge of legal ethics rules and principles. Experience in resolving legal ethics issues helpful. Excellent interpersonal, communication and conflict management skills. Ability to work in a team and provide professional customer service. Ability to exercise sound judgment in keeping with the objectives and policies of the bar. Experience with the Microsoft Office Suite in a 14 LEGAL NORTHWEST STAFFING SPECIALISTS TEMPORARY & PERMANENT PLACEMENT OVER 300 LAW FIRMS RELY ON US STAFFING PARTNER TO THE Microsoft Windows environment with particular emphasis on Word and Excel as well as Access and database programs. Salary starts at: $4,778 per month. Excellent benefits. PERS employer. Apply immediately. Send resume with a cover letter to Human Resources Manager, Attention: CAMBA, Oregon State Bar, 5200 SW Meadows Road, Lake Oswego, OR Fax to or (MS Word format) to Equal Opportunity Employer. CLINICAL PROFESSOR, LAW SCHOOL Lewis & Clark Law School is seeking an experienced clinical professor to teach in its Small Business Legal Clinic. For a detailed job description, please visit our Web site at dept/hr. EOE. Services ATTENTION, OVERWORKING ATTORNEYS Contract attorney drafts your pleadings, motions, responses, legal research, trial prep. Fifteen+ years experience, over 600 projects fed and state. Excellent references. Katherine Foldes or PROFITUSA, INC. Law office start up. Monthly financials. Asset valuation for various legal processes. Trust account requirement compliance. Account processing. Professional, confidential, background checked, attorney references available, associate MBA member. Call
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16 M u L T N o M A H L A W Y E R CourtCare Fundraising Campaign Continues e Multnomah CourtCare Fundraising campaign is approaching its goal of raising $100,000 to help fund the Multnomah Courthouse childcare program. e campaign task force would like to thank all of those who have generously contributed so far, and encourage those who have not to support this important program. To learn more about the CourtCare program and obtain a donation form, visit the MBA Web site at or call the MBA at We would also like to thank graphic designer Laurie Causgrove as well as Pacific Legal for providing free design and printing services for the campaign. 16
17 Judge Mercedes Deiz By Hon. Adrienne Nelson, Multnomah County Circuit Court. Mercedes Frances Deiz was born in New York City on December 13, 1917, the oldest of 10 children of a Czechoslovakian mother, Mary Kuzma Lopez and a West Indian father, Frank Lopez. Mercedes chose to attend Harlem s Wadleigh High School, a three-mile walk from her home. A highlight of her high school experience was meeting First Lady Eleanor Roosevelt. Mercedes was on the stage because she was a candidate for lunchroom director (a position she later won). e First Lady congratulated all of the candidates and singled out Mercedes by name, telling her that the only way to get ahead was to do the things you needed to do and be willing to work for it. She took Eleanor Roosevelt s advice to heart since she had so o en heard the same words from her mother. Mercedes graduated from high school in Working to pay her way through Hunter College, Mercedes had a variety of jobs, including theater usher, switchboard operator and ticket clerk at a WPA theater in Harlem run by two young unknowns - Orson Welles and John Houseman. While working at the theater, Mercedes first considered a career in law because people naturally confided in her and she helped them with their problems. Mercedes Deiz in front of her chambers in 1970, on the day of her investiture as a district court judge In 1948, she moved to Portland and she found secretarial work at the IRS and later at BPA. Mercedes met her husband, Carl, when they both were working for the IRS. eir marriage lasted until her death, on their 56 th wedding anniversary. Mercedes worked as a legal secretary for Graham Walker before attending Northwestern School of Law at Lewis and Clark College (now known as Lewis & Clark Law School) as a night student. In 1959, she graduated fourth in her class (the only woman in the graduating class), while working in the daytime and raising three children (Bill, Karen, and Gilbert) with the support and encouragement of her husband. When Mercedes passed the bar exam, she became the first African-American woman in Oregon s history to be admitted to practice law and the second African-American female attorney in Oregon. Mercedes put out her own shingle at the Loyalty Building, primarily doing bankruptcies, marital dissolutions, child custody matters and juvenile law. Later she joined Nels Peterson s firm. During this time, Mercedes was active in numerous community and legal associations, including the Urban League, the NAACP and the MBA. In 1962, she became the MBA secretary/treasurer - the highest office a woman could achieve in the association at the time. A er working as a trial lawyer for eight years and serving as a worker s compensation administrative judge for two years, Governor Tom McCall appointed her a district court judge, making Mercedes the first African- American woman to be appointed in Oregon. In 1972, she ran for a circuit court judge position and won, beating seven male opponents in the process. at election made Mercedes the first African-American to be elected to remunerative office. She was re-elected in 1978, 1984 and A er Mercedes Deiz and her husband Carl enjoying an MBA event. four six-year terms, Mercedes reached the mandatory retirement age of 75 and became a senior judge, still putting in time on the bench. She became Of Counsel to the Tooze Duden Creamer Frank and Hutchison firm, where she handled arbitrations. Mercedes led a life of accomplishment. She served as director of the National Center for State Courts and of the National Association for Women Judges, of which she was a founding member. Mercedes was a Woodrow Wilson Visiting Fellow at Harvard Law School, where she taught family law. She was a founding member of OWLS. Mercedes worked tirelessly on the Oregon Supreme Court Task Force on Racial/ Ethnic Issues in the Judicial System and the MBA s Status of Women Committee. She served as a Director of the Pacific Ballet eatre and the Portland Guadalajara Sister City Association. Continues on next page She received many honors and awards including the OSB s Award of Merit, the OWLS Mother of Achievement Award and the Association of Black Lawyers Distinguished on the Bench Award. In 1997, Hunter College conferred an honorary degree of doctor of laws on her because of her lifelong devotion to equality in all forms, and her passionate advocacy on behalf of children, minorities and the cause of justice. Judge Jean Lewis By Noreen (Saltveit) McGraw. Who could deny that women lawyers today play a significant role in Oregon s legal system? eir contributions to bench and bar are seldom questioned in today s world. Fi y years ago, it was a different story. So it is interesting to reflect upon the career of Jean Lewis, an able leader in the legislature and Oregon s first female Circuit Court Judge Jean Lagerquist Lewis, a trail-blazing woman attorney and judge, was born in Portland on July 17, 1914 to a family of modest means. From the time she read a newspaper article about a judge at age 12, she dreamt of becoming a lawyer and a jurist. She graduated from Lincoln High School in 1932 and worked for Lipman Wolfe Department Store in order to earn her way through Northwestern School of Law. She graduated in 1938 as a class officer and the only female student. In 1939 she opened her own law office with $50, taking anything that walked in the door, as she said in a later interview. During World War II she served as a rentenforcement attorney in Portland, and later moved to Washington D.C. on the staff of the General Counsel, handling complicated foreign currency problems occasioned by the war. In 1944 she married Henry L. Hank Lewis, who served in the 10th Mountain Division overseas. Jean and Hank had one child, a daughter, who died tragically in a motor vehicle accident during the 1970s. A er the war, Jean Lewis returned to private practice. She was elected, as a Democrat, to the Oregon House of Representatives in 1954, graduating to the Oregon Senate in 1956 and In 1961, she was chair of the Rules Committee, a member of Ways and Means and Judiciary and was elected unanimously as president pro tem of the Senate later that year. Still later that same year, Governor Hatfield (a former colleague in the Senate), appointed her to become the first female Circuit Court Judge in Oregon. In that post she was a pioneer in juvenile and family law, but she was also remembered as a judge of compassion and firmness, as then Governor Hatfield foresaw in making the appointment. As a judge, Jean Lewis was quickly recognized by her peers and the parties before her for her preparation, efficiency and skill in getting to the heart of each case. She was an eloquent crusader for A Century of Service Historic Pullout: Women Advancing the Bar By Judy A. C. Edwards, Executive Director. e June Multnomah Lawyer historic pullout focuses on women and how they have advanced the bar. We chose women lawyers who have made significant impacts on the profession to profile, asked members to write about their insights, perspectives and personal experiences and others to give an historical overview of women in the Portland law community. We thank all who contributed to this issue. Readers are encouraged to share their thoughts on any part of this pullout and we welcome your suggestions for topics in future issues. If you would like to write a story or article for the pullout, please contact me at or the rights of the young, for establishing a conciliation court for Multnomah County, and for serving as president of the Oregon Juvenile Judges Association. She also served on various Oregon task forces seeking better ways of dealing with families in distress. Judge Jean Lewis roughout her career, Judge Lewis was active in community affairs, including Girl Scouts and the Salvation Army s Greenhouse program for street children. She was also active in Queen s Bench, and in 1989 served as a panelist for Oregon Women Lawyers first spring conference. Her many honors included awards from the MBA, the Portland chapter of Hadassa, Lewis & Clark College, the Oregon Psychiatric Association and the National Recreation Association. Both she and her husband were ardent outdoor people, hiking, skiing and mountain climbing. At the time of her retirement in July, 1978, she had practiced law for almost 40 years, serving as judge for 17 1/2 of them. Continues on next page
18 Women Lawyers Who Have Shown the Way By Lynn Stafford, Markowitz Herbold et al. is article is personal. It acknowledges a debt to people who would be astonished to think I might owe them anything at all. I have been a civil litigator in Portland for 25 years, with a practice emphasizing complex commercial cases. e nature of my practice requires me to deal with, and confront, accountants, entrepreneurs, bankers, developers, insurers, engineers and, of course, other attorneys, all under conditions in which both the stakes and the stresses are very high indeed. Whether they are clients, experts or adversaries, most (but no longer all ) of these are men. When I returned to my native Portland in 1982, there were damn few women who stood up in a courtroom and argued on behalf of strong men and multimillion-dollar institutions about high-risk disputes and complex business transactions gone wrong. is is not a claim to being a pioneer. By the early eighties, women regularly, if perhaps still infrequently, appeared in court and were performing as well as their male counterparts at trial. Several were prosecutors or public defenders, others litigated as part of their divorce practices, and still others tried personal injury cases. So, women were not discouraged (at least actively) from going to court. But, whether they were assumed to be unable to understand in-depth business transactions, or whether the perception lingered that women lacked facility with numbers and balance sheets, the fact remains: in the early eighties, you could count on your fingers the women who were engaged as lead attorneys in complex commercial litigation....you could count on your fingers the women who were engaged as lead attorneys in commercial litigation. is article acknowledges my gratitude to some of the women who were the notable exceptions to the general rule. By their professionalism, dedication and talent, they demonstrated to me, to other women, and crucially to the predominantly male movers and shakers in the commercial world, that women could vie on an equal footing with men in a courtroom on a complex commercial matter. e following represent those particular women who showed me the way. Barrie Herbold One instance stands out in my mind as both a revelation and a turning point for my career. In 1983, I went to see the closing arguments in a trial before Judge Panner. Barrie Herbold, of the newly formed Markowitz & Herbold, argued for the plaintiff. Joyce Harpole, from Stoel Rives, argued for the defendant. Plaintiff had held an exclusive distributing contract with the defendant company and the case involved plaintiff s claim that defendant had breached that agreement. It was not an easy case to explain to a jury, in terms of either liability or damages. I watched as first Barrie and then Joyce argued their version of the case to the jury. I was impressed by their professionalism. ey argued cogently, logically, convincingly. ey demonstrated complete command of the facts and total facility with the concepts of the Joyce Harpole case. And the jury listened intently. Missing completely from the case was any hint that the gender of the two opposing attorneys was in any way a factor for the jury. Missing completely from the case was any hint that the gender...was in any way a factor... I realized that two women of my age had not only gained the confidence of their clients to try a complex commercial transaction, but had demonstrated conclusively by their professionalism that such confidence was fully justified. I knew I wanted the opportunity to do the same, and Barrie and Joyce had provided the inspiration as well as the belief that I could do it. ese two fine trailblazers are both deceased now. It breaks my heart, not least because they will have missed my expression of appreciation and gratitude. I practiced law in Vermont before coming home to Oregon. At the time ( ), Vermont had no women judges at all. Almost out of a sense of duty - to compensate for this glaring omission - I seriously considered going on the bench as a career path. On my return to Oregon, however, I saw that I would not be obligated to blaze that trail here. One of my first appearances was before Judge Liz Perris. She impressed me so much, with a seriousness of purpose and natural authority, underscored by the incredible scope of her knowledge of the Bankruptcy Code. at I never really considered a judicial career again is at least in part a testament to my confidence in the level of professionalism and knowledge demonstrated not only by Judge Perris but also by Hon. Susan Graber Hon. Liz Perris the many other women who occupy the bench here in Oregon, at all levels. I would not think, for example, of writing a brief on the subject of personal jurisdiction without pulling out Judge Susan Graber s opinion in State ex rel. Circus Circus Reno, Inc. v. Pope, 317 Or 151, 854 P2d 461 (1993). It s all there. Her 9 th Circuit Court of Appeals opinions reflect the same insightful and compelling analysis of the law that made Circus Circus such an established precedent. ere are others who probably don t even know how strong an impression they made on me. Pam Jacklin showed me that you could be a serious full-time lawyer and still have time to make a significant contribution to the community. She sat in my office (I doubt she recalls this) and...she managed successfully to work four days a week at a time when it was hard for women lawyers to be taken seriously... told me that even if I didn t have time to participate in outside chartable activities at the time, there were many causes that could benefit from the legal advice. Sally Landauer proved by example that devotion to family and a serious legal practice were not mutually exclusive. By carving out a niche in Trusts and Estates early in her career, she managed successfully to work four days a week at a time when it was hard for women lawyers to be taken seriously unless they billed 2000 hours a year. Carol Emory, first a client and then a friend, is an outstanding example of what a woman lawyer can do by herself. Without the support of a big law firm or the Carol Emory backing of an experienced mentor, she has established an excellent reputation as an international lawyer totally on her own. An office in Beijing, for goodness sake! So many other female lawyers critical to the development of women in law remain unnamed, a glaring omission. But, as I said, this is a personal tribute and note of thanks to the individual women who touched my life and influenced my career. eir careers have not really paralleled...they share the common element of success and fulfillment... heretofore certainly of limited access to women. mine or one another s, but they share the common element of success and fulfillment in a field of law which, if not off limits, was heretofore certainly of limited access to women. ey may not have been the very first women to venture into these realms of male domination, but they were among the early arrivals, when the paths were not clearly delineated, when their acceptance was still tentative. I have followed, close on their heels, unimpeded by the obstacles they encountered and thrust aside, and ever grateful for their pioneering efforts, their inspiration, and their shining example. ank you one and all. Judge Mercedes Deiz Continued from first page e practice of law has benefited tremendously from the life of Judge Deiz. She was a pioneer and strong advocate for professionalism, the rule of law and diversity. Her life will be a beacon in Oregon s legal history. e Honorable Adrienne Nelson Excerpt taken from Benchmarks, Winter/Spring 2006, Hon. Mercedes F. Deiz by Katherine H. O Neil. Mandatory retirement kept Deiz from realizing her o -stated goal of continuing on the bench until another African-American woman succeeded her. e goal was realized March 23, 2006 with the investiture of Adrienne Nelson. Nelson wrote, Judge Deiz was a wonderful role model and mentor to me. When I first moved to Portland and began to meet attorneys, meeting Judge Deiz had a profound effect on me. As a female attorney of color who had accomplished so much and broken many barriers, Judge Deiz was so warm, encouraging and open that I felt an immediate connection to her. roughout the years, she took time to check on me, both personally and professionally She was the first person to tell me that I should be a judge. What she did for me she did for countless others but it touched my life in a very special way. Editor s note: Judge Nelson is the second African American woman appointed to the Multnomah County Circuit Court. Watch for the July/August Multnomah Lawyer, which will feature Judge Nelson in a judicial profile article. Judge Jean Lewis Continued from first page roughout her career, Judge Lewis was highly respected both as a person and for her very positive influence on the legal and political systems in Oregon. Warmly human as a person, she brooked no nonsense or lack of preparation in the courtroom. Always on top of the case before her, she expected the same preparedness of counsel. In an interview a er her retirement, Judge Lewis acknowledged being conscious of being under scrutiny on the bench. She told the OSB Bulletin that she hoped other women would find that she had blazed a trail that was helpful to them. On a personal note: as a trial lawyer in her court during a three day hard-fought trial in the early 70s, I can testify to the fact that she did just that. It was a privilege to try a case before her because of her command of the courtroom and her interest in the case and the parties. Others concurred that she treated both men and women fairly and gave grace and dignity to the bench. (Comments of Neva Elliott, Ron Gevurtz and Richard Burke, OSB Bulletin.) She died in 1991 at the age of 77. Ten years later, the OWLS Foundation honored the 40th anniversary of her appointment to the bench at a dinner gala, with former Governor and US Senator Mark Hatfield, her old colleague, as the featured speaker. Her hope of blazing a helpful trail has been amply realized.
19 Reflections of a Corporate Counsel By Eva Kripalani, Knowledge Learning Corp. I knew from a very early age that I wanted to be a lawyer. I m not sure what most influenced my decision, watching all those Perry Mason episodes or listening to my mother s constant refrain that my smart mouth and need to have the last word in every argument were indicative of my potential. In any case, I think it was a good choice. As I think about the impact of my gender upon my career, I have not found it to be a hindrance, but believe it has impacted my choices. Fortunately, I graduated from law school at a time when there were many women with successful legal careers and good opportunities were available to me. I wanted to be in a law firm and joined the Stoel Rives firm as an associate in My early experiences at Stoel Rives demonstrated to me that I could compete successfully with my male colleagues. I didn t think much about gender issues, even though I was working in the corporate and securities group, a fairly male dominated area of the law. I credit Stoel Rives with creating an environment that promoted opportunities for women and was intolerant of lawyers and clients who would have it otherwise. I credit Stoel Rives with creating an environment that promoted opportunities for women... During my 10 years at Stoel Rives, I had tremendous opportunities to work with very talented people and did challenging and interesting work. I will always be grateful for my experience there and the wonderful relationships I formed. But while I loved many things about my work, I found myself growing increasingly disenchanted with life in a big law firm. ere were a number of contributing factors, but, fundamentally, what I had to do to feel successful was at odds with how I wanted to live my life and did not bring out the best in me. I was also saddened to see many of my colleagues, particularly other women, leave - o en to pursue a path that would involve a less demanding work schedule and give them more time with their families. I le Stoel Rives in 1997 to become General Counsel of KinderCare Learning Centers, Inc. It was a difficult decision and, in hindsight, one that was made in haste and without sufficient consideration of alternatives. Fortunately, it turned out to be another good decision, although that was not entirely clear at first. I approached my work in the same way that had been successful for me at Stoel Rives, which did not translate well to the new environment. As a result, there were a number of hard lessons to be learned along the way. I am still learning, but the lessons are getting less painful. I do not mean to imply that the corporate environment is necessarily a more warm and friendly place for women. Corporate cultures differ widely and, a er all, glass ceiling was a term used in reference to corporations before it was applied to law firms. Nonetheless, the greater focus on development of management and leadership skills in the corporate world as compared to law firms generally seems to promote an appreciation of a greater array of talents and skills. Management behavior that results in excessive turnover of staff seems to be more quickly addressed and there is much more emphasis placed on teamwork and development of others versus individual contribution. Of course, the fact that an inhouse lawyer s contribution is not measured primarily on the basis of billable hours provides greater opportunity for rewarding a broader range of talents and skills. Judging from recent articles on the subject, it does not appear that big law firms have been terribly successful in addressing the issues that have resulted in few women reaching the top and staying there. at is unfortunate, but I am quite sure it is not for Work-life balance is not just a women s issue... lack of good intentions and considerable effort. Although it is not just a work-life balance issue, that is undoubtedly a critical factor. Work-life balance is not just a women s issue, but it seems to be harder for women to achieve balance because of traditional family roles. As long as law firms continue to focus primarily on the billable hour as the measure of a lawyer s worth, this will continue to be a difficult problem to address. I am not sure I was aware of the term work-life balance when I decided to make the switch from a law firm to in-house counsel, but it was clearly part of my motivation. I know that I have not yet achieved that elusive balance, but I am closer to it and feel as though I exert more control over my life these days, making more conscious choices about how I want to spend my time. Although I appreciate the ability to achieve greater balance, I appreciate as much, if not more, the exposure this role gives me to experiences and opportunities outside the traditional lawyer role. While I sometimes miss delving deeply into a complex issue and becoming truly expert in it, I actually find I enjoy my generalist role here much more. I find that my experience and training as a lawyer has many valuable applications in the business that I had not anticipated. Interestingly, I have also found that management and leadership of people the thing I least liked when I first entered the corporate environment is now something I very much enjoy and where I most want to improve my skills. I am fortunate to have had opportunities to work in a great law firm as well as a great corporate legal department. ere are excellent opportunities for women lawyers in law firms, corporations and other work environments. Legal training equips you with skills such as problem solving and effective written and verbal communication that can translate into success in any career. I do hope...excellent opportunities for women lawyers in law firms, corporations and other work environments... that law firms continue to focus on ways to retain more women over the long term as I believe doing so will enhance the quality of the environment for everyone. Balancing Family and Career By Judge Ellen F. Rosenblum. It s really important for moms to work to be role models for their daughters to show that it s possible to spend time with your family and have a career. It makes me realize I can do it not all my friends feel that way. My daughter, Cate, age 22. One of the earliest documents designed to help lawyers transition to parenthood, while maintaining their careers, was given to me by the then first lady of Arkansas, who happened to be the first chair of the ABA s Commission on Women in the Profession in the late 80 s. Upon being introduced to her at one of our annual meetings, she asked me to be sure to give a copy of this publication on developing family-friendly leave policies in law firms to her friend and former classmate, who had recently become a mother while serving on the Oregon Supreme Court. It is now a virtual given that a large law firm have some sort of policy that allows mothers (and fathers, too, in the...lawyers I meet still whisper... more enlightened firms) to take time off to parent a new baby. But, surprisingly, lawyers I meet still whisper that they re sometimes unsure about asking about policies such as these, for fear of not being taken seriously as a candidate for the job. Over the years since the ABA s first publication, it has become apparent that the issue of time off is only the tip of the iceberg among a multitude of issues affecting our ability to navigate the work/family continuum. Books have... time off is only the tip of the iceberg among a multitude of issues affecting our ability to navigate the work/family continuum. been written on the subject and careers have been made studying it. While I do not profess to be one of those experts, here are 10 suggestions I ve picked up over the years on how to approach balanced life as a lawyer: 1) Pick a life partner who is at least as nurturing as you are preferably more so. 2) Find a work environment that is supportive of community and family involvement. Don t be afraid to ask questions that will give you the answers to these questions because if they are hesitant to answer them, you probably don t want to work there. 3) For young parents, don t stress yourself out over-programming your kids. Keep in mind that kids needs are really fairly simple. 4) For somewhat more mature parents, avoid the college frenzy. e near obsession with getting our children into the best colleges seems to swallow families once their children reach high school age. ere are a lot of great colleges out there many of them probably better for your child than the Ivies and a lot easier to get into. 5) Take vacations with your kids when they are between the ages of seven and thirteen. Before that, it s fun, but exhausting. A er that, you may discover that their idea of a good time and yours diverge substantially. ey may not even want to go with you! 6) Learn when to say No. Choose very carefully what you have time for and want to get involved in. e position on the local nonprofit board may need to wait until you ve had the chance to fully assess whether you re Learn when to say No. prepared to make the commitment which, in turn, requires analyzing whether the time you ll invest is worth the time it will take away from your family, your personal well-being and other activities that might benefit even more from your involvement. Just as your reputation as a lawyer will be sealed early in your career, so will your reputation as a potential community leader. 7) Find a mentor in your office who will help keep you on the right track and is someone to whom you wouldn t otherwise have access. 8) More women lawyers are choosing to stay home longer to raise children than, it seems to me, was the case when I was raising my children in the 80 s and 90 s. Now that some of them are attempting to re-enter the profession, there is a real opportunity for law firms to demonstrate that we have learned something from experiences with different parenting models among lawyers. Welcome these lawyers back. ey are, by nature, dedicated and committed to whatever they choose to devote themselves to. 9) If a lawyer doesn t currently have a family to raise, or chooses not to, but has other special interests to pursue, treat that lawyer with a similar level of concern and support to that shown to those in the childrearing mode. We want these lawyers as allies in raising our families and, it is a matter of fairness. 10) We may want to look to other professions, such as the accountants, for ways to improve the law firm culture to make it more conducive to the work/family continuum that is desired...they have discovered it benefits both the people and the bottom line. by men and women lawyers today. It appears that some of them are ahead of us in understanding and making changes to make it easier for members of their profession to stay connected and for those who have le, to reenter with ease. Not surprisingly, they have discovered it benefits both the people and the bottom line. Why would lawyers be satisfied allowing other professions to forge ahead of us on something this important?
20 Women Advancing the Bar MBA 100 th Anniversary Community Gi Fund Surpasses $238,000! 1 2 Congratulations to our MBA 100 th Anniversary Community Gi Fundraising Committee, led by past MBA president, Mike Greene. e purpose of the fund is to increase civics education and participation and it will be administered by the newly formed Multnomah Bar Foundation. e MBA kicked off the fundraising campaign by committing $50,000 to the fund. Listed below are those who have already made their generous donations or pledges. More names will be added throughout the year. If you want to add your name to the list, please contact Guy Walden at the MBA at or Founder Donors ($20,000) Miller Nash Schwabe, Williamson & Wyatt Bullivant Houser Bailey Centennial Partner Donor ($10,000) Davis Wright Tremaine Centennial Benefactor Donors ($5,000) Ater Wynne Ball Janik Barran Liebman Cosgrave Vergeer Kester Dunn Carney Allen Higgins & Tongue Harrang Long Gary Rudnick Lane Powell Markowitz, Herbold, Glade & Mehlhaf Perkins Coie Preston Gates & Ellis Stahancyk, Kent, Johnson & Hook Stoel Rives Tonkon Torp Williams Love O Leary Craine & Powers 11 5 Centennial Patron Donors ($2,500) Michael H. Bloom Foster Pepper Tooze Garvey Schubert Barer Greene & Markley Kennedy, Watts, Arellano & Ricks Young Lawyers Section Sussman Shank Yates Matthews & Associates 9 1. Manche Langley, admitted to the Oregon State Bar 1909, the 13 th woman admitted to practice in Oregon; President of the Women Lawyers Association of Oregon, 1926; earned an LLB from Northwestern School of Law, 1927; Multnomah County Deputy District Attorney, Hon. Betty Roberts, Oregon House of Representatives and Senate, ; First woman appointed to Oregon Court of Appeals, 1977; first woman appointed to Oregon Supreme Court, 1982 pictured with Hon. Jean Lewis. 3. Dorothy McCullough Lee, formed first all-woman law firm with Gladys M. Everett, 1931; Portland s first woman mayor, 1949; Served in Oregon House of Representatives and Senate, ; first chair of the Oregon Crime Commission, ; first woman Portland City Council member and commissioner of public utilities, In politics and in professional life, a woman should not look for special favors because of her sex. She should not only not seek deferment on the part of men, she should not permit it [P]articipation of women in politics, which is so plainly a crying need today, should be taken for granted and women should prepare themselves to do their part in proportion to their intelligence, education and experience. In a 1948 interview for Independent Woman magazine. 4. Lynn Nagasako, MBA President Sylvia Stevens, MBA President Jacque Jurkins, Librarian since 1964, Multnomah Law Library. 7. Helen Althaus, a founding member of the Queen s Bench, 1948; first woman judicial law clerk, ; Deputy City Attorney, Portland, ; associate at King, Miller, Anderson, Nash and Yerke, ; joined Gladys Everett and Virginia Renwick in an all-woman law firm, Betty Crofoot, Administrator for the Oregon Supreme Court in 1950s and long time Queen s Bench member. 9. Judy Snyder, MBA President Cynthia Barrett, MBA President Susan Hammer, First woman MBA President, and Ruth Beyer, MBA President at the MBA 100 th Anniversary Celebration. 12. Ruth Spetter, First woman YLS President, and second woman MBA President, ank you to the Queen s Bench Commemorative 50 th Anniversary 1998 Calendar for much of the above information Centennial Supporter Donors ($1,000) Marc Blackman Monte Bricker David A. Ernst John R. Faust Jr. George H. Fraser Walter H. Grebe Michael A. Greene Leonard Girard Michael Haglund Douglass M. Hamilton Susan M. Hammer Edwin A. Harnden Don H. Marmaduke Jeffrey S. Matthews Albert Menashe Lynn Nagasako Robert J. Neuberger Robert D. Newell Katherine O Neil Simeon D. Rapoport Steven V. Rizzo Michael Simon Judy Danelle Snyder Ruth Spetter Sylvia E. Stevens omas H. Tongue Mark R. Wada Centennial Donors ($500) Mona Buckley Nancie K. Potter Noreen Saltveit McGraw